There are many advantages to putting your firearms in a specialized trust created for that purpose. Fully-automatic firearms, silencers, short-barreled rifles, short-barreled shotguns, and certain other types of weapons are regulated under the National Firearms Act (NFA). This means you have to pay a $200 transfer “tax” and obtain approval from ATF before the weapon can be transferred. There are heavy criminal penalties for violating NFA restrictions.

With a gun trust, the trust is the legal owner of the NFA weapons. This protects you in many different ways. The most important is that it can allow more than one person to possess and use the weapons. A trust can protect the members of your household from unlawfully being in “constructive possession” of NFA weapons that are only registered to you. A trust is also easily modified to suit any changes in your situation.

I need to know your needs in order to create a customized gun trust for you, so I always meet with gun trust clients beforehand to learn the specifics of their situation. After that, I can get to work on drafting your trust. Finally, I will help you execute the trust properly so it will be legally valid, then give you the instructions you need to obtain approval from ATF for the transfer of NFA weapons.

Call 772-607-2231 to set up an office appointment for your NFA Trust.

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If your license has been suspended due to a DUI arrest, you have a right to appeal the suspension but you only have 10 days from the arrest date to request one. Call me right away for free information as to the appeal process.

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It may be well-known that felons are prohibited from possessing firearms, but a lesser-known law could make you rethink a plea to a domestic violence charge. If you are convicted of a misdemeanor crime of domestic violence, you have just lost your gun rights. Federal law states that “it shall be unlawful for any person… who has been convicted in any court of a misdemeanor crime of domestic violence, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.” 18 USC § 922(g). The part about commerce is interpreted broadly. The Court essentially says that almost everything “affects commerce”, so you won’t be able to hide behind that part. The same ban applies if you are subject to a restraining order against an intimate partner, or child of an intimate partner (domestic violence restraining/protection orders). The ban still applies even if you are only possessing, transporting, or receiving firearms at work. If you have to receive, transport, or possess firearms for your job, you probably just lost your job. Imagine a gun store employee not allowed to touch any of the guns or be behind the counters, or a police officer who cannot legally carry a gun, and you’ll see why some employment becomes impossible. And forget about joining the military.

Moral of the story? If you value your gun rights, stay away from all forms of domestic violence. A simple misdemeanor conviction could keep you from exercising your Second Amendment right to keep and bear arms. If you have been arrested, call 772-607-2231 to come speak to me at my office. Your rights are worth fighting for.

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According to Florida law, if you are convicted of (or pled guilty or no contest to) a crime, you will owe the State or locality $50 for each day you were sentenced to jail. This is to compensate the County for the cost of feeding and housing you while you were in jail. The Florida Supreme Court said “there is no substantive right in not having to pay for the costs of one’s incarceration”. Goad v. Department of Corrections, 845 So. 2d 880 (Fla. 2003).

§ 920.293, Fla. Stat. (2012):

(2) Upon conviction, a convicted offender is liable to the state and its local subdivisions for damages and losses for incarceration costs and other correctional costs.
(a) If the conviction is for a capital or life felony, the convicted offender is liable for incarceration costs and other correctional costs in the liquidated damage amount of $250,000.
(b) If the conviction is for an offense other than a capital or life felony, a liquidated damage amount of $50 per day of the convicted offender’s sentence shall be assessed against the convicted offender and in favor of the state or its local subdivisions. Damages shall be based upon the length of the sentence imposed by the court at the time of sentencing. [emphasis mine]

A plain reading shows that you will owe $50 a day for each day you were sentenced to. This means that if you were sentenced to 30 days, and only served 20 days due to the earning of ‘trustee time’, you still have to pay $50 x 30 days. That amounts to $1,500 for every month of your sentence. If you were sentenced to the maximum on a first degree misdemeanor, you will get out of jail owing the County $18,000.

This is one of the reasons why it is extremely important to hire a lawyer to defend your case. Imagine telling your boss you need time off because you are going to jail. You might lose your job. To top it all off, after spending nearly a year in jail you will owe thousands to the County. Pleading guilty without a lawyer can be much more costly than hiring one.